Navigation Links
The Appellate Division of State Supreme Court has Upheld a Landmark 2010 Products Liability Verdict Which Found Cybex International Responsible for Catastrophic Injuries Suffered by a Cheektowaga Woman
Date:11/18/2011

ROCHESTER, N.Y., Nov. 18, 2011 /PRNewswire/ -- Phillips Lytle LLP, one of the region's best known law firms, announced today the Appellate Division of State Supreme Court in Rochester, upheld a high-profile products liability verdict against international fitness equipment manufacturer, Cybex International.

In its decision, the Fourth Department judicial panel found Cybex liable for the accident which left Natalie Barnhard, of Cheektowaga, NY a quadriplegic.  In making its findings, the panel wrote, "Contrary to the contention of Cybex on its appeal, we conclude that a fair interpretation of the evidence supports the jury's verdict that Cybex was negligent and that its negligence was a substantial factor in causing the plaintiff's injuries."

"On the liability side, the decision rejected each and every attack that was made by Cybex. The panel affirmed that the jury correctly recognized the substantial evidence we brought forth regarding the role of Cybex in this tragic accident," said Kevin English, a partner in Phillips Lytle's Buffalo office.

On December 7, 2010, a jury found Cybex liable and awarded Ms. Barnhard $65.9 million in damages, following an eight-week trial before 8th District State Supreme Court Justice Diane Y. Devlin.  While the appellate panel today reduced the damage award to $45.2 million, it remains the highest personal injury award ever to come out of an Erie County courtroom.

"Even with the reduction, the amount of this verdict really recognizes the harm to this young lady. Regretfully, most of the money is going to be needed for her 24 hour a day care for the rest of her life.  The bulk of the award, which the Fourth Department let stand for Natalie's future medical expenses," said Michael Law, a partner from Phillips Lytle's Rochester office.

In its decision, the panel reduced the original jury award for past pain and suffering from $8 million to $3 million; future pain and suffering from $2
'/>"/>

SOURCE Phillips Lytle LLP
Copyright©2010 PR Newswire.
All rights reserved

Page: 1 2 3

Related medicine technology :

1. Appellate Court Decides in Favor of Fenwal
2. Appellate Court Sides With Terminally-Ill Medical Marijuana Patient
3. Perrigos PBM Infant Formula Unit Wins Appellate Judgment Versus Mead Johnson
4. Boston Scientific Announces Favorable Appellate Court Ruling Affirming Invalidity of J&J Patents
5. Boston Scientific Announces Favorable Appellate Court Ruling Affirming Non-Infringement of Johnson & Johnson Patent
6. Strykers Biotech Division Receives FDA Warning Letter
7. CardioVascularCS.Org, a division of EndoVascular Forum, Inc., Partners with Complex Interventional Cardiovascular Therapy (CICT) to Extend Electronic Medical Care Advancement
8. European Division of Global Top 20 Pharmaceutical Company Awards Phase III Trial to DATATRAK
9. California Cryobank Names Richard Jennings President of FamilyCord Division
10. Foundation Radiology Group Announces FRG Molecular Imaging Division, Led By Todd M. Blodgett, M.D.
11. Thoratec Reports 14 Percent Growth in Cardiovascular Division Sales as Third Quarter Revenues Increase Nine Percent
Post Your Comments:
*Name:
*Comment:
*Email:
(Date:1/15/2014)... GRAND RAPIDS, Mich. , Jan. 15, 2014 As ... of the flu virus, select Meijer pharmacies in ... and strep throat to eligible patients, enabling Meijer pharmacists to ... under strict protocol set by a physician participating in the ...
(Date:1/15/2014)... Shire plc (LSE: SHP, NASDAQ: SHPG ) announces ... condition to the announced tender offer for all of the outstanding ... result of the waiver, the transaction is no longer conditional on ... January 24, 2014 following the currently scheduled expiration time, subject to ...
(Date:1/15/2014)... is very pleased to announce the appointment of Mr. ... Mark was promoted from his current role of Chief Operating ... in Massachusetts , Mississippi ... 2012 with 20+ years of broad-based operations, sales, engineering and ...
Breaking Medicine Technology:Meijer Pharmacy Offers Free Flu, Strep Testing as Influenza Cases Rise Across the Midwest 2Meijer Pharmacy Offers Free Flu, Strep Testing as Influenza Cases Rise Across the Midwest 3Shire Waives OFT Condition Relating to the Acquisition of ViroPharma Inc. 2Shire Waives OFT Condition Relating to the Acquisition of ViroPharma Inc. 3Tegra Medical Appoints New Chief Executive Officer 2Tegra Medical Appoints New Chief Executive Officer 3
... /PRNewswire/ -- PRA International, a leading Clinical Research ... during the 8th Annual Partnerships in Clinical Trials 2009 to ... Trade Centre in Rotterdam, The Netherlands. PRA operational and ... exhibiting at booth number 32. , On 4 November, PRA,s ...
... Shire plc (LSE: SHP, NASDAQ:,SHPGY) the global specialty biopharmaceutical company, announces results for,the three months to September 30, 2009. , , ... ... sales ... Product sales from core products(2) $532 ...
Cached Medicine Technology:PRA International Experts Present a Session at the 8th Annual Partnerships in Clinical Trials 2009 2Shire Continues to Deliver Excellent Growth From Core Products 2Shire Continues to Deliver Excellent Growth From Core Products 3Shire Continues to Deliver Excellent Growth From Core Products 4Shire Continues to Deliver Excellent Growth From Core Products 5Shire Continues to Deliver Excellent Growth From Core Products 6Shire Continues to Deliver Excellent Growth From Core Products 7Shire Continues to Deliver Excellent Growth From Core Products 8Shire Continues to Deliver Excellent Growth From Core Products 9Shire Continues to Deliver Excellent Growth From Core Products 10Shire Continues to Deliver Excellent Growth From Core Products 11Shire Continues to Deliver Excellent Growth From Core Products 12Shire Continues to Deliver Excellent Growth From Core Products 13Shire Continues to Deliver Excellent Growth From Core Products 14Shire Continues to Deliver Excellent Growth From Core Products 15Shire Continues to Deliver Excellent Growth From Core Products 16Shire Continues to Deliver Excellent Growth From Core Products 17Shire Continues to Deliver Excellent Growth From Core Products 18Shire Continues to Deliver Excellent Growth From Core Products 19Shire Continues to Deliver Excellent Growth From Core Products 20Shire Continues to Deliver Excellent Growth From Core Products 21Shire Continues to Deliver Excellent Growth From Core Products 22Shire Continues to Deliver Excellent Growth From Core Products 23Shire Continues to Deliver Excellent Growth From Core Products 24Shire Continues to Deliver Excellent Growth From Core Products 25Shire Continues to Deliver Excellent Growth From Core Products 26Shire Continues to Deliver Excellent Growth From Core Products 27Shire Continues to Deliver Excellent Growth From Core Products 28Shire Continues to Deliver Excellent Growth From Core Products 29Shire Continues to Deliver Excellent Growth From Core Products 30Shire Continues to Deliver Excellent Growth From Core Products 31Shire Continues to Deliver Excellent Growth From Core Products 32Shire Continues to Deliver Excellent Growth From Core Products 33
(Date:4/18/2014)... (April 21, 2014) -- A group of scientists ... and the Sanders-Brown Center on Aging has found ... and neuropsychological function in Parkinson,s disease (PD). ... , the study, which assessed cognitive function in ... the dopamine replacement therapy commonly used to treat ...
(Date:4/18/2014)... memories? How did it make you feel? According to ... experience, such as how sad you were or how ... when you can,t stop thinking about it. , ... context of the memories, rather than how you felt, ... the negative effects of these memories, a new study ...
(Date:4/18/2014)... scientists could lead to potential new treatments for breaking ... , Fibrosis, or scarring, is a hallmark of ... lungs can lead to serious organ damage and, in ... options centers on findings made by Swati Bhattacharyya, PhD, ... that a specific protein plays in promoting fibrosis. ...
(Date:4/17/2014)... One of the most popular vaccine brands for children ... may be overlooking some cost factors when choosing vaccines, ... expensive option, according to a new study by University ... administer can be driven by numerous factors," says Sheldon ... professor of computer science and of mathematics at the ...
(Date:4/17/2014)... In a review published in the April issue of ... The Feinstein Institute for Medical Research, says it,s time ... approach to treating sepsis, which kills millions ... Sepsis occurs when molecules released into the bloodstream to ... body. Inflammation is necessary for maintaining good health ...
Breaking Medicine News(10 mins):Health News:Treating depression in PD patients: New research 2Health News:New study suggests a better way to deal with bad memories 2Health News:New study suggests a better way to deal with bad memories 3Health News:New clues on tissue scarring in scleroderma 2Health News:Study recalculates costs of combination vaccines 2Health News:Feinstein Institute researcher publishes new perspective on sepsis 2
... SPRING, Md., Sept. 30 The U.S. Food and ... draft guidance for industry on Risk Evaluation and Mitigation ... or biologics. , (Logo: http://www.newscom.com/cgi-bin/prnh/20090824/FDALOGO ) ... of 2007 (FDAAA) granted the FDA the authority to ...
... , MINNEAPOLIS, Sept. 30 Polaroid ® announces ... support National Breast Cancer Awareness Month beginning October 1st. A ... donated to The Breast Cancer Research Foundation (BCRF). , The ... the third year Polaroid has partnered with BCRF to create awareness ...
... Drug companies are sprinting ahead in a race against the ... the H1N1 influenza virus before cooler weather ushers in the ... issue of Chemical & Engineering News , ACS, weekly ... drugs for flu infections. C&EN senior correspondent Ann Thayer ...
... other types of cardiovascular disease , WEDNESDAY, Sept. 30 ... help protect against heart attacks and other cardiovascular disease, ... guard against the development of heart failure. , Heart ... treatment and lifestyle people are living longer with it. ...
... ... directory gives students insight into acupuncture’s ancient traditions and thriving modern health careers. ... ... health and alternative medicine directory, recently launched The Acupuncture Career and School ...
... ORLEANS, Sept. 30 Pan-American Life Insurance Group (PALIG), ... today that the company has filed a request for ... , "Pan-American Life,s 98-year history and the Group,s ... in this business development decision. Expansion into Costa Rica ...
Cached Medicine News:Health News:FDA Issues Draft Guidance on Risk Evaluation and Mitigation Strategies 2Health News:Polaroid(R) and The Breast Cancer Research Foundation(R) Print Pink 2Health News:Study Finds Fish Won't Prevent Heart Failure 2Health News:Study Finds Fish Won't Prevent Heart Failure 3Health News:Acupuncture Career Guide Launches on Natural Healers 2Health News:Acupuncture Career Guide Launches on Natural Healers 3Health News:Pan-American Life Insurance Group Plans to Complete Coverage in Central America With Entry Into Costa Rica; Company Files Request for Authorization 2
... orthosis is designed for the management ... diaphyseal fractures. The lightweight anatomical design ... compression for optimal control of humeral ... both the shoulder and elbow joints. ...
Controls humeral segments through soft tissue compression while allowing for full range of elbow motion...
... RCAI Plantar Fasciitis Night Splint is indicated ... Achilles tendonitis. It is economical and easy ... assist straps for controlled dorsiflexion, limiting nightly ... and Achilles tendon. This feature permits flexibility ...
Comfortably positions the affected foot at 90 to provide continuous and effective stretching of the plantar fascia and Achilles Tendon...
Medicine Products: